News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

1 February 2019 • Insights

Unlawful dismissal: compensation after the Constitutional Court’s ruling

  The Constitutional Court’s ruling starts to take effect in proceedings involving dismissals in the context of progressive-indemnity employment contracts [‘contratti di lavoro a tutele crescenti’ in Italian]. In the wake of Order no. 7016, issued by the Court of Bari on 11 October 2018, which applied the Constitutional Court’s ruling even before the grounds ....

29 January 2019 • Insights

Draft law: obligatory nature of the 231 Model

Draft law no. 726 (the “DL”), which introduces significant changes to Italian Legislative Decree no. 231/2001 (the “Decree”) governing administrative liability for legal persons, companies and associations, including those not recognized as a legal entity (“Entities” or individually the “Entity”), is currently being examined by the Justice Commission of the Italian Senate.   The administrative ....

29 January 2019 • Insights

DO YOU KNOW THAT… Companies in the metalworking and mechanical engineering sector are required to provide continuing professional development courses for their employees every three years?

Since 1 January 2017 companies in the metalworking and mechanical engineering sector have been required, every three years, to provide workers employed under permanent contracts with continuing professional development courses of a duration of 24 hours per participant, within their working hours and according to the procedures identified by Fondimpresa [Italian Inter-Professional Fund for Continuing ....

29 January 2019 • Insights

Privacy and disciplinary procedures: employees have the right to access their own data

With its order no. 32533, filed 14 December last, the Italian Court of Cassation established that employees, when subject to disciplinary procedures, have the right to access the records concerning them. The Court thus confirmed the full scope of the “right of access”, as governed by Article 7 of the Italian Privacy Code, which was ....

29 January 2019 • Insights

“Overalls time” remunerable only if overalls are obligatory

With its order no. 505 of 11 January 2019, the Italian Court of Cassation established the principle that workers have the right to be remunerated for the time it takes them to put on work clothes at the business premises, only if it is demonstrated that workers are obliged to use company dressing rooms and ....

29 January 2019 • Insights

The first clarifications by the Italian Employment Inspectorate with regard to the increased penalties provided for by the 2019 Italian Budget Law

The increases provided for by the 2019 Italian Budget Law   Article 1, paragraph 445, of the 2019 Italian Budget Law concerns increases to the penalties for measures affecting the protection of workers’ interests and dignity. According to the provisions in question, the values of the following penalties, in the context of employment and social ....

20 January 2019 • Insights

Legal Advisors as Partners of Sustainable HR (ESG Business Review – ETicaNews, January 2019 – Vittorio De Luca)

Contribution of De Luca & Partners on human resources as a sustainability objective. The HR is expected to have an increasingly substantial impact, as it can focus the whole organisation on ESG criteria. A sustainability trend was also identified in the projects that competed in the first edition of the Excellence & Innovation HR Award, ....

11 January 2019 • News

HR Breakfast: “Dismissal: the latest safeguards, in light of recent legislative measures and a judgement of the Constitutional Court” – 29 January 2019

Law no. 98 of 9 August, converting Law Decree no. 87/2018 (the so-called Dignity Decree) with amendments, was published on Official Gazette no. 186/2018.   While not altering the method of determination – linked to seniority – referred to in art. 3 of Legislative Decree no. 23 dated 4 March 2015, the Dignity Decree establishes ....